Notice Period - forcefully holding me back though my replacement is in place - CiteHR
KK!HR
Management Consultancy
Jeshkan
Manager-hr

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My employer isnít relieving me though Iím ready to buy out my notice period as per the employment contract. They are forcefully holding me back though my replacement is in place and the handover process is completed. Iím serving 60 out of 90 days notice. The appointment letter mentions that either parties can terminate the contract by giving a notice of 90 days, or salary in lieu of shortfall in notice, at the management's discretion. My next organization is also not postponing the date of joining, and I will lose the opportunity if not relieved and would be rendered jobless. What is the way out?
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Hi,
The purpose of Notice period is to find a better replacement and smooth handing over. In your case, Replacement is in place, handing over is completed and you are also ready to buyout the notice of 30 days which is fair on your part. I could not find no logic in holding you back.
Lets see what you can do Now:
a. Just try escalate this to the next level in HR / Management of your present company and see whether any good thing is happening for you. If you have already done this and you could not see anything positively, try with the following..
b. Please speak to the HR of the new organization where you are going to join in and try to make understand on the issues.
c. Your current company can hold only the experience & Relieving orders if you leave without completing 90 days and not anything else. They cannot even touch any statutory payments to be made to you. - In fact, as per the appointment order, it is clear that you can buyout the notice in case of inability to serve the notice.
d. Hence Please try to understand whether your new company will accept you without experience & relieving order. - If they are okay without experience & relieving order, you can proceed further to join your new company.
e. If you decided to leave as indicated in "C", send out en e-mail to your present company in detail on the reason for your improper leaving as per their present company policy. This may help in further.
Though the experience & Relieving orders are important in future when go up in your career, this is the only option you have now to go ahead with.
Regards,
Kannan M
Thanks for the response Jeshkan. I am myself in HR hence itís becoming really difficult. I have spoken to my skip level manager who is the deciding authority and he is hellbent on an early release. I have spoken to my next organization to defer the DOJ but that isnít possible due to the nature of job there. Also submitting relieving letter is mandatory in their norms. So actually tried all options without any luck.
Dear HR Guy, The acceptance of notice pay in lieu of serving out the notice period is at the option of the employer. You may feel that the process of handing over charge is over but the 'boss' thinks otherwise. I think this is an extraordinary situation and you cannot go by the rule book, you will have to present the 'boss' with a situation where the only option is to relieve you!!!. You may use your skill & creativity.
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